Haralampos Katerelos and Irene Katerelos - Page 60

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            tion property as defined in section 49(e).  Section 49(e)(1)                                  
            defines transition property to mean                                                           
                  any property placed in service after December 31, 1985,                                 
                  and to which the amendments made by section 201 of the                                  
                  Tax Reform Act of 1986 do not apply, except that in                                     
                  making such determination--                                                             
                          *      *      *      *      *      *      *                                     
                               (B) sections 203(b)(1) and 204(a)(3) of such                               
                        Act shall be applied by substituting "December 31,                                
                        1985" for "March 1, 1986",                                                        
            Section 203(b)(1) of the Tax Reform Act of 1986, Pub. L. 99-514,                              
            100 Stat. 2143-2144, provides in pertinent part:                                              
                        (1) IN GENERAL.--The amendments made by section                                   
                  201 shall not apply to--                                                                
                               (A) any property which is constructed, recon-                              
                        structed, or acquired by the taxpayer pursuant to                                 
                        a written contract which was binding on March 1,                                  
                        1986,                                                                             
            (We shall hereinafter refer to the foregoing exception in section                             
            203(b)(1)(A) of the Tax Reform Act of 1986, 100 Stat. 2144, as                                
            the binding contract exception.)                                                              
                  The conference committee report addressing the binding                                  
            contract exception states that the binding contract exception                                 
            "applies only to contracts in which the construction, reconstruc-                             
            tion, erection, or acquisition of property is itself the subject                              
            matter of the contract."  H. Conf. Rept. 99-841, at II-55 (1986),                             
            1986-3 C.B. (Vol. 4) 55.  Thus, in order for property to be                                   
            transition property within the meaning of section 49(e)(1), it                                
            must be constructed, reconstructed, or acquired by the taxpayer                               
            pursuant to a written contract (1) that was binding on December                               



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